2.0 Results
2.0.1 Findings of the Inquiry
The inquiry revealed that the building in question was a defunct Patwarkhana (Office of Village-level Accountant) of the Revenue Department, District Kathua-184101 of Jammu &Kashmir and the occupants were the family members of a private labor supervisor, working in the ongoing Project titled Road Construction from the Block Border Kathua to Village Boda (14.200 Kilometer) under the Prime Minister Rural Roads Scheme called as Pradhan Mantri Grameen Sadak Yojana. The Road Project began in March 2017. The availability of a defunct government building in the village provided an opportunity to the supervisor to occupy it and save the rent. Moreover, the village people did not object and facilitated their stay in the excitement of the ongoing road construction.
2.0.2 Findings of the Ethnographic Fieldwork
The recurrent field visits and the real-time participant natural observation of the village during the official hours revealed that Patwarkhana was defunct and illegally occupied. The illegal occupant family living in the occupied building was using electricity without any legal connection by connecting the hooked wire to the main transmission cables. The Government of Jammu and Kashmir had constructed the building in the early 2000s with an attached kitchen and toilet to provide the services for the people at their doorstep and it remained defunct since then. In the subsequent years, some miscreants stole the water tank placed on the terrace of building and decamped with the water pump installed at the bore well. The local people worked as laborer in the construction of the building. Additionally, whenever the revenue department officials arrive in the village, they prefer working while sitting in open- ground and tea-shops and do not pay attention towards their office. It established the cause and effect relationship and enabled the researcher to identify the causal group. Besides, it also highlighted the persistent complacency of the elected village representatives in handling the public issues.
Findings of the Landscape of the Field of Investigation
Kathera, a backward village declared by the government, is located on the bank of the seasonal river Sahar. It is surrounded by hills and is 13 kilometers away from the District Administrative Secretariat of Kathua. The lack of bridge over river forced the people and visitors to cross the rocky riverbed with shallow waters before mid-2020. The situation improved after the completion of the Road Construction Project titled Block Border Kathua to Village Bohra (17.400 Kilometers) under the Prime Minister Rural Roads Scheme (Pradhan Mantri Grameen Sadak Yojana PMGSY). It also included the construction of a bridge over the river. The bridge construction began in 2018 and ended in midst of 2020 and connected the village road with opposite bank of the river.
Private Minibuses are the only public transport available to the people of this belt and runs at the interval of 90 minutes to the village Kumri and Bohra.
As of May 2024, the village Kumri is still not connected by road because the concluded road project has bypassed the village and its connectivity was not included in the Project due to its lower elevation. The road leading to village Fafal was already prone to landslides. Moreover, the torrential rains over the years have eroded the road surface completely due to the lack of retaining side walls and drains. The minibuses arriving in the village Fafal require crossing one of the seasonal tributary situated near the diverging juncture of Kathera Bridge. It is also a rocky riverbed and lacks any bridge. The minibuses heading to village Kumri arrives in Fafal first before descending into the rocky riverbed to reach Kumri Village. The indentation of the riverbed testifies the same. The flooding waters flowing through the seasonal tributary during heavy downpours totally cut off these villages by road.
The railway barrier near the Jasrota Irrigation canal restricts the movement of villagers due to the lack of an underpass or overhead bridge. The single road connects the village with the Kashmir Kanyakumari Highway near the Logate Morh turn. Heavy downpours for few hours cause flashfloods and can still cut the village Fafal, Kumri and Kathera village from the road for hours, because of the absence of culverts and small bridges,
When it rains, the rainwater from the higher areas flows down through convex-shaped road before draining into the river. There are eight such points on the road stretch between Sher Kotla and Kathera. Heavy raining creates flashfloods at these points and they act as seasonal water channels thereby cutting the two sides of the road completely for hours.
Findings of the Pictorial Metadata
The visual aid depicted below is not based on the chronology. Its purpose is to enhance the contextual understanding of the readers concerning the landscape of village Kathera, where Patwarkhana is situated.
Figure: 13 Source- Research Practitioner ©Project-C.R.S.P.M.S/FECS/01/2019-24 [Photograph showing people waiting due to the closure of railway barrier situated on the road to village Kathera taken on November 21, 2022]
Figure: 14 Source- Research Practitioner ©Project-C.R.S.P.M.S/FECS/01/2019-24 [Photograph of the convex-shaped road to village Kathera taken on May 21, 2024]
Figure: 15 Source- Research Practitioner ©Project-C.R.S.P.M.S/FECS/01/2019-24 [Photograph of the convex-shaped road to village Kathera taken on May 21, 2024]
Figure: 16 Source- Research Practitioner ©Project-C.R.S.P.M.S/FECS/01/2019-24 [Photograph of the convex-shaped road to village Kathera taken on May 21, 2024]
Figure: 17 Source- Research Practitioner ©Project-C.R.S.P.M.S/FECS/01/2019-24 [Photograph of the convex-shaped road to village Kathera taken on May 21, 2024]
Figure: 18 Source- Research Practitioner ©Project-C.R.S.P.M.S/FECS/01/2019-24 [Photograph of the convex-shaped road to village Kathera taken on May 21, 2024]
Figure: 19 Source- Research Practitioner ©Project-C.R.S.P.M.S/FECS/01/2019-24 [Photograph of the convex-shaped road to village Kathera taken on May 21, 2024]
Figure: 20 Source – Research Practitioner ©Project-C.R.S.P.M.S/FECS/01/2019-24. This photograph captures a natural road created by the indentation of vehicular movements on the rocky riverbed, leading to the village of Fafal. The image was taken on May 21, 2024.
Figure: 23 Source-Research Practitioner ©Project- C.R.S.P.M.S/SBFECS/01/2019-24 [Photograph showing people sitting on the roof of minibus in village Kathera taken on November 21, 2022]
Figure: 25 ((Source –Research Practitioner- ©Project- C.R.S.P.M.S/SBFECS/01/2019-24[Photograph of the Government Higher Secondary School Kathera Taken on January 23, 2022].
Figure: 26 Source – Research Practitioner ©Project-C.R.S.P.M.S/SBFECS/01/2019-24 [Photograph of the Government Girls Primary School in village Kathera Taken on January 23, 2022]
Figure: 27 Source- Research Practitioner ©Project-C.R.S.P.M.S/FECS/01/2019-24 [Photograph of the office of Village Accountant Office/Patwarkhana (left) and Panchayat Ghar k/a House of Elected Village Representatives (right) in village Kathera Taken on January 23, 2022
Figure: 28 Source- Research Practitioner ©Project-C.R.S.P.M.S/FECS/01/2019-24 [Photograph of the office of Village Accountant Office/Patwarkhana in village Kathera Taken on January 23, 2022]
Figure:29 Source – Research Practitioner ©Project-C.R.S.P.M.S/E&ECS/01/2019-24 [Photograph of the Village Panchayat Ghar of Kathera Taken on January 23, 2022]
Findings of the Cartography of Village Kathera
Figure: 30 Source: Research Practitioner & Director – Ishu Upadhyay
The diverging route drawn in pencil in the figure above (Near the Bridge) was the way to village of Kathera before the bridge construction.
Findings of the Segmentation of the Groups based on their characteristics and sanctioned power relative to the Problem-Causal Group
To understand the inaction of the stakeholders amid the persistent problem, It was necessary to segment them in the several groups based on their characteristics and sanctioned power:-
G1: The first group consists of the villagers who elect the village representatives. Here a few individual forms households called families. Each unit of the family has its caste that differs from others. The level of cooperation and bond within the family is greater. All the family members experience happiness, sorrow, and struggle together due to emotional attachment and the shared environment. Every family has its priorities that vary on the size and stage of the family. The individuals in these families participate in elections and elect village representatives. The families believed it to be the task of elected ones to intervene in the problem of defunct Patwarkhana.
G2: The second group comprises of the elected village representatives called Panchayat. This group is also an extension of the first group because it shares an inseparable bond with the village. However, the public representation has made them more prominent. They have their say in the government. But for the village Panchayat to function has to rely on the expertise of the district administration. Any open criticism of the revenue department is likely to bitter the relations between village representatives and District administration. Therefore, to maintain cordial relations, they prefer to remain silent.
G3: It represents the population of adjoining villages and operates like groups one and two. Like others, they also need the revenue department-related documents at the proximity but cannot do much as demanding the functioning of defunct Patwarkhana is a function of the village Panchayat of Kathera where the building of Patwarkhana is situated. Such thoughts prevent them from taking any remedial action.
G4: The members of fourth group are the Government gazetted and non gazetted employees working in the Government Higher Secondary School Kathera, Government Primary School Kathera, Panchayat Secretary working in the House of Elected Village Representatives (Panchayat Ghar) Government Village Health Dispensary of Indigenous System of Medicine and the field functionaries of Power Development Department, Public Health Engineering, and Social Welfare Centre of the village. All the aforesaid employees belonged to the staff departments of the District and have less sanctioned powers than the Revenue Department as the latter has the vast administrative powers and resources and is tasked with maintaining superintendence over the staff departments of the district.
If the employees of this group intervene in the problem of defunct Patwarkhana, then the officers of revenue department are likely to perceive it as meddling in the affairs of their department. Furthermore, they can take departmental action against the complainant. Therefore, to keep their interests safe, they prefer remaining silent.
G5: This group is a talented collective body of commissioned officers working under one department with vast sanctioned administrative powers throughout the district. From Naib Tehsildar, Tehsildar, Assistant Revenue Commissioner, Additional Deputy Commissioner to Deputy Commissioner, all have magisterial powers in their jurisdictions and form the hierarchy of the District revenue department. A high level of cooperation and implicit understanding prevails among them. This group experiences changes in the composition from time to time due to transfers, new recruitment, promotions, retirement and sometimes untimely death. However, the work culture created by the predecessors continues to guide the footsteps of any newcomer or the incumbents. The members of this group have expertise in administration and are well aware of the existing loopholes in governance. This group functions collectively as one unit of General District Administration and is the most powerful among all the aforesaid discussed groups. Moreover, this group exercises superintendence over all the remaining groups since it is called the General Administration Department of the District. The additional name of this group is Revenue Department.
The above grouping tells us that the G5 have more control over the power and resources of the government. Among all the groups, this group controls the working of other groups in the village and possesses administrative jurisdiction over all other staff departments since the group belongs to the General administration. Being the most powerful group, it has more accountability to comply with keeping in view the aspirations and needs of people. If the group members discharge their duties transparently and honestly, the results would be constructive and beneficial for the district and vice-versa.
If we put up the sanctioned and social power equation and express it mathematically:
G5>G4>G3>G2>G1
Where G1 stands for individual Households
G2 stands for Village Panchayat of Kathera
G3 represents the other surrounding Panchayats and has components like G1 and G2
G4 shows the employees of the staff department
G5 is for the Revenue Department (General Administration Department that exercises superintendence over staff departments of the district)
The collective silence of all the stakeholders on the lingering problem of the defunct Patwarkhana creates a diffusion of responsibility where every individual perceives it to be a function of others to intervene due to fear of any potential threat and exercises inaction. It sustains the problem. The layout map above depicts the proximity of the Panchayat Ghar to the Patwarkhana as it lies behind it and the adjacent government educational institutions like the Primary Girls School and the Higher Secondary School tells the routine arrival and departure of the government servants to and from the village.
Findings of the Recording of the video clip of the dilapidated-defunct and illegally occupied Patwarkhana (Office of the village-level revenue accountant)
In the video, they narrated that the Patwarkhana is defunct since its construction due to the negligence of the officials of the revenue department. They further confirmed that the water pump installed on the bore well and water tank kept on the terrace has been stolen long ago by the unidentified persons. Moreover, they also expressed their inability to meet the senior officers of the revenue department and disclosed that whenever villagers go to district secretariat to meet them, they are given the repeated excuse of the engagement of the officers in the officials meetings by their auxiliary clerks. Furthermore, whenever the field functionaries of the revenue department visit the village, they sit in tea-shops and in open play ground rather than their office and do not pay any attention to their defunct office.
2.0.3 Findings of the Primary phase of the Single-Blind Experiment
The experimental subjects did intricate the reported matter in the chain of command to create diffusion of responsibility. They accepted the building of Patwarkhana is situated on the Government land and has not handed over to the revenue department. Moreover, their inquiry report revealed that the officials of the PMGSY (An agency of the Public Works Department, Roads and Building) are staying there during their ongoing road construction project. They further cited the unsafe conditions of the building for keeping revenue records there. The official reply given by the subject is given below.
Figure: 31 Web shot of the response given by experimental subjects Taken on 11.09.2021
Source: Jammu & Kashmir Governance Cell (www.jkgrievance.in)
2.0.4 Findings of the Meeting held with the Block Development Officer, Kathua on July 11, 2019 to inquire the Handover status of the building of Patwarkhana situated in Village Kathera
Upon inquiring the receiving of any communication from the revenue department for handing over the custody of the building of Patwarkhana, The official denied receiving any official letter. He went on to say that there is no such provision under any Standard Operating Procedure in his knowledge which specifies practice of handing over the entrance key of the building to the concerned department. According to the BDO Kathua, Assistant Commissioner Development Kathua releases the funds to the Block Development Officer for implementation of various works approved by the competent authorities and after the completion of the construction it becomes the responsibility of the concerned department to take custody and assume control of the building and assets. Photograph of the official document of the BDO Kathua was taken by the researcher to mark the visit is given below:
Figure: 32 [Source- Research Practitioner [Photograph of a Indent receipt taken on July 11, 2019 in the office of the Block Development Officer Kathua]
2.0.5 Findings of the secondary phase of the Single-Blind Experiment
(a) Initial findings: The Deputy Commissioner Kathua took cognizance of the supplementary survey report and directed the Tehsildar to take immediate necessary action vide letter no. DCK/CMP/ (Complaints)/2019-20/513-14 on July 20, 2019.
2.0.6 Findings of the Monitoring of the Implementation Phase
(a) Abrogation of Article 370 on August 5, 2019 by the Union Government of India
The Central Government abrogated Article 370 on August 5, 2019 and passed the Jammu and Kashmir Reorganization Act, 2019. Following the abrogation of Article 370, the Government of Jammu & Kashmir imposed u/s 144 of the Criminal Procedure Code to curtail the protests against the abrogation of article 370 and also suspended internet services for some months on pre-paid and post-paid mobile phones to maintain law and order. Even in District Kathua, the suspension of the internet remained in effect till the first quarter of 2020.It led to the stripping off the special status given to the State and the Constitution of India became fully applicable in the Jammu and Kashmir with the Presidential order given below
Figure: 33 Presidential Orders Dated 05/08/2019
Figure: 34 Source- State Times News Magazine Dated: August 6, 2019
IMPORTANT NOTE
Following the abrogation of Article 370, the Government of Jammu & Kashmir imposed section-144 to curtail the protests against the abrogation of article 370 and also suspended internet services for some months on pre-paid and post-paid mobile phones to maintain law and order. Even in District Kathua, the suspension of the internet remained in effect till the first quarter of 2020.
(b) Enforcement of Jammu and Kashmir Reorganization Act, 2019:
The act became applicable on October 31, 2019 and divided the erstwhile State of the Jammu and Kashmir into two Union Territories namely the Union Territory of Jammu and Kashmir with legislature and the Union Territory of Ladakh without legislature. It repealed the J&K Right to Information Act, 2009 and the Jammu and Kashmir Protection of Human Rights Act, 1997 led to the dissolution of the J&K State Information Commission and J&K Human Rights Commission that brought the J&K under the purview of the Central Information Commission and National Human Rights Commission-New Delhi. The enforcement repealed the 153 Acts enacted by the State and Eleven Acts by the State of J&K and the Governor, respectively. For a complete list click on the hyperlink (Microsoft Word – A2019 34.docx (indiacode.nic.in)
(c)Second phase of the Back to Village
Figure: 35 Source: Data Retrieved by Research Practitioner from the website of the District Administration Kathua (https://kathua.nic.in/). For Better Reference see serial number 125.
IMPORTANT NOTE
The second phase of the Back to Village Programme launched by the J&K government involves deploying officers from the different departments in the villages to undertake a detailed tour and report the day-to-day issues faced by the rural populace to enable the district administration to make remedial programme. The above order proves the conclusion of the same where a professor was deployed in the village of Kathera.
(d) Country-wide Covid-19 Lockdown:
The sudden announcement of the country-wide Covid-19 induced lockdown by the Prime Minister of India on March 24, 2020 to prevent the surge of infection following the observation of 14 Hours voluntary curfew curtailed the movements of the people and the imposition of curfew u/s-144 in the Criminal Procedure Code. The General Administration Department also plays the role of revenue department and is vested with the power of imposing curfew in a district.
Figure: 36 showing the official order Dated: March 24, 2020 issued by the Government of India prescribing countrywide lockdown Source: PR_NationalLockdown_26032020_0.pdf (mha.gov.in)
2.0.7 Findings of the Field visit on 26.06.2020 in Village Kathera:
On 26.06.2020, the research practitioner accompanied by village residents, approached the illegal occupants living in the building of Patwarkhana to question their unauthorized stay. The private labor supervisor living there confirmed that he had not received any objection from the district administration in Kathua and showed the ongoing minor repair plaster work done on the front portion at his instructions. By June 26, 2020 more than eleven months had passed since the DC forwarded the case to the Tehsildar Kathua for necessary action. However, the continuation of the unauthorized stay of the labor family in the Patwarkhana despite the conclusion of the Back to village-2 Programme initiated by the government to improve the rural governance, established the inaction, complacency, apathy and leniency of the revenue functionaries.
Figure:37 Source – Research Practitioner ©Project-C.R.S.P.M.S/E&ECS/01/2019-24 [Photograph depicting the minor plaster repair work done on the front foundation and steps at the behest of migrant labor family in the office of Village Accountant Office/Patwarkhana in village Kathera Taken on June 26, 2020]
2.0.8 Details of the Discussion with the Community of Interest on June 26, 2020
The researcher briefed the Community of Interest about the complacency and professional misconduct of the revenue functionaries subjected to experimentation and suggested seeking the intervention of the National Human Rights Commission. He suggested the community of interest to provide a collective handwritten statement signed by the prominent villagers acknowledging the continuation of the defunct building of Patwarkhana during the next scheduled field visit (on July 12, 2020.)
It was crucial to see whether any intervention by the National Human Rights Commission improves the efficacy of the treatment and affects the final results of the secondary phase of the experimentation in a positive manner. The plan was to exert more control over the experimental subjects and the positively influence the desired final experimental results.
2.0.9 Result of the Field visit on July 12, 2020
During the field visit of July 12, 2020, the prominent members of the affected community collectively acknowledged and confirmed in writing the persistence of the defunct Patwarkhana due to the inaction and complacency of the district administration, Kathua. Document obtained from the community is given below
Figure: 39 Source – Research Practitioner ©Project-C.R.S.P.M. S/E&ECS/01/2019-24 [Photograph of the collective statement given by community members on July 12, 2020]
Translation of the collective statement given by community members On July12, 2020: We, the residents of Kathera Panchayat have lost while seeing the action of District Administration and the District Administration is acting like a mute spectator, who can see everything but can do nothing and the negligence is being facilitated day after day. Now, we are giving this matter to Human Rights Defender for the needed action and for the opening of Patwarkhana in the national interest, which lies defunct since time immemorial, and this is also our constitutional duty.
2.1.0 Filing of the Case in the National Human Rights Commission on July 13, 2020
Researcher drafted and filed the Case before the National Human Rights Commission vides Case Diary No. 10384/IN/2020 Dated: June 27, 2020.
2.1.1 Result of the First Intervention of the National Human Rights Commission-New Delhi
The National Human Rights Commission after registering the case sought the Action Taken Report from the experimental subjects of the District Administration Kathua and shared the case diary and Portable Document Format copy with the respondents on September 17, 2020. However, the District Administration of the Kathua did not respond to the intervention of the National Human Rights Commission-New Delhi.
2.1.2 Outcome of the Back to Village Programme Phase Three (B2V3) on the Problem of defunct and illegally occupied Patwarkhana
Under the third phase of the Back to Village Programme to improve the rural governance, the General District Administration of Kathua deployed officers of the different government departments to take a tour of the villages and bring the rural issues in the notice of the Deputy Commissioner for remedial action. However, the Patwarkhana remained defunct despite the conclusion of the third phase of the rural governance improvement Programme. The official order regarding B2V3 issued by the Deputy Commissioner Kathua is given below:
Figure: 40 Courtesy: Data Retrieved by Research Practitioner
From the website of the District Administration Kathua Source-(https://kathua.nic.in/
2.1.3 Final Findings of the secondary phase of the Single-Blind Experiment on January 1, 2021
The experimental subjects gave the literally same response given by them during the Primary Phase of the Single-Blind Experimentation. The Deputy Commissioner first directed the Tehsildar to take necessary action and then pasted the same evasive reply after one year and five months. The below web shots proves the same and the Patwarkhana remained defunct and illegally occupied.
Figure: 41 Web shot of the reply given by experimental subjects Taken on September 11, 2021
Source: Jammu & Kashmir Governance Cell (www.jkgrievance.in)
Figure: 42 Web shot of the reply given by experimental subjects Taken on September 11, 2021 Source: Jammu & Kashmir Governance Cell (www.jkgrievance.in)
2.1.4 Post-Experimental Monitoring of the Administrative activities of the experimental subjects
The National Human Rights Commission-New Delhi issued a Second Notice to the District Administration of Kathua for seeking on August 17,/2021 in Case No. 114/9/7/2020 and sought the Action Taken Report regarding the defunct and illegally occupied Patwarkhana of village Kathera. However, they did not respond and submit any Action Taken Report to the Commission.
The Jammu and Kashmir Government on September 19, 2021, directed all the Government Departments to expeditiously identify and remove the Non-performing (‘deadwood’) employees from service.
Figure: 43 Source: Press clipping from the Daily Excelsior News Magazine, Jammu and Kashmir, dated: September 19, 2021
The Chief Secretary of Jammu and Kashmir on December 12, 2021 directed the Revenue Department to ensure that no Tehsildar, Girdawar, is posted in her home Tehsil to check arbitrariness in the execution of official duties.
Figure: 44 Source: Press clipping from the Daily Excelsior News Magazine, Jammu and Kashmir, dated: December 17, 2021
The General Administration Department of the Jammu and Kashmir, Government of Jammu and Kashmir accorded the sanction to the Public Information Officers to attend ”one day online training programme under Right to Information Act, 2005” organized by J&K Institute of Management, Public Administration vide order number 1359-JK(GAD) of 2021on December 22, 2021. The order reflects the names of the Additional Commissioner of Revenue, Tehsildar from the revenue department and Block Development Officer from the Rural Development Kathua were required to attend the training organized by the J&K Institute of the Management and Public Administration on 23.12.2021. The detailed Government Order is given below:
Figure: 45 Data Retrieved from the website (www.jkgad.nic.in) of the Jammu & Kashmir General Administration Department by Research Practitioner
Issuance of Order number DCK/Adm/2021-22/1897-1957 by Deputy Commissioner, Kathua on December 25, 2021, for the Transfer and Posting of Patwari (Village-level revenue accountant) in the Patwar Halqa (Revenue Jurisdiction) of the Defunct and Illegally occupied Patwarkhana of Kathera village.
Figure: 46 Transfer order above retrieved by the Research Practitioner from the website Source- (https://kathua.nic.in/
Most Critical Observation
The transfer order issued by Deputy Commissioner Kathua vides his official communication no. DCK/Adm/2021-22/1897-1957 on December 25, 2021, for the transfer and posting of Patwaris (village revenue accountants) outside their home station is given above. It revealed and established the most critical fact that Patwari in the Patwar Halqa (revenue jurisdiction) was working in the defunct office on official records in Kathera. One can see Serial no.40 in figure number 33 depicted above. Among all the revenue officers in the district, only Deputy Commissioner holds the authority to take disciplinary action against the Patwari. This can be confirmed by the news magazine article given below. However, in the current study, we see that all the officers are patronizing the absenteeism of the Patwari and facilitating indiscipline by shielding the field functionaries.
Figure: 47 Source: Daily Excelsior News Magazine Dated- 08/11/2022 (www.dailyexcelsior.com)
2.1.5 Official Rebuttal given by the Executive Engineer, PMGSY, Kathua on January 15, 2022, Regarding the Stay of Officials in Patwarkhana, Village Kathera
Figure: 48 (Source – Information provided by the Executive Engineer, PMGSY Division Kathua on January 15, 2022.
It was already an investigated fact before the culmination and conclusion of the previous two phases of the Single Blind experimentation that the illegal occupants living in the building of Patwarkhana belonged to the family members of a private labor supervisor and not the officials of the Pradhan Mantri Grameen Sadak Yojana (an Auxiliary agency of the PWD (Road &Building) Department) J&K and the letter No. EE/PMGSY/KUA/2013 Dated: January 15, 2022 issued by the Executive Engineer validated the investigated fact. At this stage, it became officially clear that the revenue functionaries from three years were using deceit and were colluding desperately to shield their collective negligence. It is pertinent to mention here that the bridge over the Seasonal River Sahar connected the two banks in the midst of 2020. The bridge construction started in 2017. The study required the frequent visits of the Research Practitioner to this area that involved crossing the shallow water with bumpy ditches riddled with hard rocks on the river bed.
Important Note
Figure: 49 Source: ©Project-C.R.S.P.M.S/E&ECS/01/2019-24 Photograph of the bridge over seasonal River Kathera taken on January 25, 2024 by the Research Practitioner
The claim of the Executive Engineer regarding the full connectivity of the Road leading to village Kathera is false, as the two banks were not connected until the completion of the construction of the bridge. Had the village already been fully connected with the road, there would not have been a need to construct the150-200 meter long bridge over the river. Moreover, the bridge construction began in 2017 and ended in the midst of 2020.
This was done deliberately to prevent the people from accessing the under construction road for smoother execution of the road project. Besides, the Executive Engineer was unaware of the landscape of the area and its impact on the natural drainage and road connectivity. It is pertinent to mention here that the Office of Executive Engineer was functioning in a private rented building opposite Government Boys Higher Secondary School, Kathua in January 2022 and later was shifted to colony of Public Works Department (Roads and Building) near the Government District Library, Kathua.
2.1.6 Findings of the Field Visit to Kathera village on January 23, 2022
On January 23, 2022, during rainy weather, the Research Practitioner met a few members of the Community of Interest and visited the Patwarkhana Building. The building was found to be defunct and locked. Community members and nearby shopkeepers reported that the illegal occupants had vacated the building in mid-2021 after the completion of road construction project funded by the Pradhan Mantri Grameen Sadak Yojana (Prime Minister Rural Roads Scheme). Afterwards, functionaries of the revenue department locked the building. The occupants also took their electric wiring with them, having connected it directly to the main service line to steal electricity. Subsequently, photographs of the building were taken to mark the visit to the area.
Figure: 50 Source - ©Project-C.R.S.P.M.S/E&ECS/01/2019-24 [Photograph of the downward sloped makeshift way at the left-hand side of road in village Kathera Taken on January 23, 2022 by the Research Practitioner. The white-colored building behind the brown-painted building is Patwarkhana Village-level Revenue Accountant Office].
Figure: 51 Source ©Project-C.R.S.P.M.S/E&ECS/01/2019-24 [Photograph of the office of Village Accountant Office/Patwarkhana in village Kathera Taken on January 23, 2022 by Research Practitioner]
2.1.7 Findings of the Tertiary Phase of Single-Blind Experimentation
The above questionnaire was used to extract the requisite information from the experimental subjects. The purpose of depiction is to enable the readers to correlate the response given by the deviant experimental subjects.
Figure: 52 (Information provided by the Experimental Subjects)
Figure: 52 (Leaf one) Source- Information provided by the Experimental Subjects
Figure: 52 (Leaf two) Source- Information provided by the Experimental Subjects
Figure: 52 (Leaf three) Source- Information provided by the Experimental Subjects
The deviant experimental subjects succumbed to the repeated experimentation and had no option than to open up the defunct Patwarkhana after nearly two decades. However, they did not provide certified copies of the previous letters issued by their offices during the previous two phases of Single-Blind experimentation and withheld the information sought of Part A (a) depicted above. They confessed that the building was in the administrative control of the revenue department but suppressed the date/month/year of the completion of Patwarkhana and accepted that the objective of the building was to provide facility to the people. But, they could not name the agency that handed over the building to the revenue department because they had falsely denied the custody of the Patwarkhana in the previous phases of the experimentation. Moreover, they reported that the Patwarkhana in village Kathera started functioning on March 31, 2022.
2.1.8 Issuance of the Unambiguous Official Rebuttal from the Executive Engineer, PMGSY, Kathua on April 7, 2022, Regarding the Stay of officials in Patwarkhana, Village Kathera
Figure: 53 Source- Response given by the Executive Engineer, PMGSY Kathua on April 7, 2022
2.1.9 Result of the inquiry with the Block Development Officer of the Rural Development Department, Kathua, regarding the year of the construction of the Patwarkhana in Village Kathera on May 9, 2022
The information provided by the BDO Kathua, Department of Rural Development, was electronically received (via email) on May 9, 2022 and not on May 7, 2022 on the email address of the researcher. The Block Development Officer refused to disclose the year of construction Patwarkhana in village Kathera and falsely stated that the information requested pertained to revenue department.
Figure: 54, Source- Information provided by the BDO Kathua-184101 on
09.05.2022
2.2.0 Results of the Estimation of the year of construction of Patwarkhana in Village Kathera
Despite putting forth the best efforts to investigate the date, month, and year of the construction of the Patwarkhana building, the subjects within the district administration collaborated with other departments to suppress the critical information. Consequently, the researcher had no alternative but to rely on circumstantial evidence from the photograph given below and combine it with information provided by local people during the survey phase. This approach enabled the researcher to make an intelligent estimation about the construction year, considering the House of Elected Village Representatives (Panchayat Ghar) was built in 2004-05. Therefore, it is reasonable to assume that the Patwarkhana came into existence in the early years of 2000s.Notably; the revenue department lacks an engineering wing, whereas the Department of Rural Development handles construction works in rural areas through its separate Engineering Wing.
Figure: 55 Source- Research Practitioner in the Project-C.R.S.P.M.S/E&ECS/01/2019-24 [Photograph of the signage board installed by the Department of Rural Development and Panchayat Raj in front of the Panchayat Ghar of Kathera taken on January 23, 2022 (See Right Signage board it is 2004-05)]
2.2.1 Non-Availability of the feature to View or download the submitted Application on the user interface of the website of the Jammu and Kashmir Integrated Grievance Cell till May 10, 2022
The most important experimental tools used in the previous phases (Primary and Secondary) of the experimentation were the official records, were not accessible on the interface of the website of Jammu and Kashmir Grievance Cell. Obtaining critical qualitative data was the key evidence posed a significant challenge as the deviant subjects had suppressed this data to protect their collective interests. Until, May 10, 2022, the feature to view, obtain and download acknowledgements was not available on the website (https://jkgrievance.in/AwazAAwam/index.aspx). The web screen recording uploaded on YouTube confirms this limitation, and anyone can verify it by clicking on the link below:
2.2.2 Findings of the Field Visit to Village Kathera on June 3, 2022
On June 3, 2022, the Research Practitioner found that the Patwarkhana (Office of the village-level revenue accountant) in Kathera village was defunct. Although the experimental subjects had confirmed it’s functioning on March 31, 2022 during the tertiary phase of the Single-Blind Experimentation. The building was locked and was in a dilapidated condition, lacking any power connection. Interview with the community of interest also revealed that the building is still defunct and no field functionary or any officer of the revenue department comes in the office. The researcher recorded the video of defunct Patwarkhana to mark the visit and uploaded it on the YouTube platform, with the following Uniform Resource Locator.
2.2.3 Results of the Third Intervention of the National Human Rights Commission-New Delhi on August 26, 2022
The National Human Rights Commission-New Delhi issued a Second Notice to the District Administration of Kathua for seeking on August 26, 2022 in Case No. 114/9/7/2020 and sought the Action Taken Report regarding the defunct and illegally occupied Patwarkhana of village Kathera. However, they did not respond and submit any Action Taken Report to the Commission.
2.2.4 Culmination of the Back to Village Programme Phase-4 on October 27, 2022 to November 3, 2022 in District Kathua
Figure: 56(a) Source: Data Retrieved by Research Practitioner from the website of the District Administration Kathua Source-(https://kathua.nic.in/)
Figure: 55(b) Source: Data Retrieved by Research Practitioner from the website of the District Administration Kathua Source-(https://kathua.nic.in/)
Figure: 55(c) Source: Data Retrieved by Research Practitioner from the website of the District Administration Kathua Source-(https://kathua.nic.in/)
It is important to note that one of the lecturers posted at Government Higher Secondary School Kathera was ordered by the experimental subjects (Problem Causal Group) responsible for the defunct Patwarkhana in Village Kathera to undertake a tour in another village (see serial no. 42 in Figure No. 43 (c) to improve rural governance under the fifth phase of the Back to Village Programme launched by the Jammu and Kashmir Government. However, the group to which the lecturer belonged was one of the drivers of the Bystander effect responsible for inaction due to fear of repercussions from the Powerful Problem Causal Group. Thus, when this group has failed to solve the rural governance problems at their place of postings, it becomes difficult for them to address other issues in other rural areas as all the areas comes under the authoritative jurisdiction of Problem Causal Group.
About Back-to-Village Programme
[ In a first of its kind, the Government of Jammu and Kashmir has embarked on an ambitious and extensive programme of reaching out to the people at the grassroots level to create in the rural masses an earnest desire for decent standard of living. The ‘Back to Village’ programme is aimed to involve the people of the state and government officials in a joint effort to deliver the mission of equitable development. The programme is aimed at energizing Panchayats and directing development efforts in rural areas through community participation.
The programme revolves around the concept that while the official machinery has to guide and assist, the primary responsibility to improve local conditions rests with the people themselves. Therefore, they must be encouraged to own a programme so that benefits are maximized. The life of a person living in a rural area is not cut into segments in the way the Government activities are prone to be. The approach at the village level, therefore, has to be a coordinated, touching all aspects of village life. Such an approach has to be made, not through a multiplicity of departmental officials, but through Panchayats.
The essence of the ‘Back to Village’ programme is to emphasize the importance of ensuring, right from the beginning, people’s participation, not merely as an agent in the execution of the development works but as owners of the entire programme.
2.2.5 Celebration of the Vigilance Awareness Week (October 31, 2022 to November 6, 2022) in Jammu and Kashmir
Figure: 57 Source: Data Retrieved by Research Practitioner from the website of the Jammu & Kashmir General Administration Department Source-(jkgad.nic.in)
2.2.6 Confirmation of the closure of the Case No.114/9/7/2020 given by National Human Rights Commission-New Delhi on November 4, 2022 regarding the defunct and illegally occupied Patwarkhana in Kathera village against the request. In the request, confirmation given by the experimental subjects regarding the functioning of Patwarkhana was shared with the Commission to seek the closure of the case by the Research Practitioner on October 8, 2022
Figure: 58 Page 1 of 2 Mail Intimation Copy received from National Human Rights Commission on November 4, 2022 regarding the closure of Case No. 114/9/7/2020
Figure: 58 Page 2 of 2 Mail Intimation Copy received from National Human Rights Commission on November 4, 2022 regarding the closure of Case No. 114/9/7/2020
2.2.7 Addition of the feature to View or Download the submitted Application on the User Interface of the Website of the Centralized Integrated Jammu and Kashmir Grievance Cell
The arrival of the latest feature to view or download the application on the Website (https://jkgrievance.in/AwazAAwam/index.aspx) of the Centralized Integrated Grievance Portal of the Jammu and Kashmir enabled the retrieval of the Government acknowledged reports used in the two previous stages of Single Blinded-Field Experimentation. The critical qualitative data was deliberately suppressed by the deviant subjects in the Tertiary phase of the Single-Blind Experimentation to protect their collective interests.
2.2.8 Findings of the Field Visit to Village Kathera on November 21, 2022
The Patwarkhana (Office of the village-level revenue accountant) was found to be defunct and locked. After recording the video of the Patwarkhana, an inquiry with the Community of Interest revealed that a few months ago, the iron mosquito net had been installed on the window panels of the building. The national flag perched on the building established the success of the Har Ghar Tiranga Abhiyan (Tricolor on every House) launched by the Government of India. However, no field functionary from the revenue department has visited the office, and it remains defunct. Subsequently, the recorded video was uploaded on the You Tube on same date. The Uniform Resource Locator of the video is provided below:
Figure: 59 Source-Research Practitioner ©Project- C.R.S.P.M.S/SBFECS/01/2019-24 [Photograph of defunct Patwarkhana in village Kathera taken on November 21, 2022]
Figure: 60 Source-Research Practitioner ©Project- C.R.S.P.M.S/SBFECS/01/2019-24 [Photograph of Open ground in front of Patwarkhana in village Kathera taken on November 21, 2022]
Figure: 61 Source-Research Practitioner ©Project- C.R.S.P.M.S/SBFECS/01/2019-24 [Photograph of defunct Patwarkhana devoid of any power connection in village Kathera taken on November 21, 2022]
Figure: 62 Source-Research Practitioner ©Project- C.R.S.P.M.S/SBFECS/01/2019-24 [Photograph of defunct Patwarkhana in village Kathera taken on November 21, 2022]
2.2.9 Findings of the Field Visit to Village Kathera on November 21, 2022 (International Anti-Corruption Day)
On December 9, 2022, the Research Practitioner visited village Kathera and found the building was locked and was in a dilapidated condition, lacking any power connection. Inquiry with the people and Community of Interest also revealed that the Patwarkhana was still defunct despite the celebration of Vigilance Awareness Week (October 31, 2022 to November 6, 2022) and the order number 651-JK (GAD) of 2022 given by the General Administration Department of the Government of the Jammu and Kashmir on June 6, 2022 to all the Administrative Secretaries/Heads of Department for the mandatory biometric attendance of the field functionaries within four weeks .Subsequently, researcher took photographs of the Patwarkhana and village during the visit.
Figure: 63 Source-Research Practitioner ©Project- C.R.S.P.M.S/SBFECS/01/2019-24 [Photograph of people waiting at the railway barrier on the road leading to Village Kathera taken on December 9, 2022]
Figure: 64 Source-Research Practitioner ©Project- C.R.S.P.M.S/SBFECS/01/2019-24 [Photograph of defunct Patwarkhana in village Kathera taken on December 9, 2022]
Figure: 65 Source-Research Practitioner ©Project- C.R.S.P.M.S/SBFECS/01/2019-24 [Photograph of the open ground in village Kathera taken on December 9, 2022]
Figure: 66 Source-Research Practitioner ©Project- C.R.S.P.M.S/SBFECS/01/2019-24 [Photograph showing people travelling on the roof of minibus in village Kathera taken on December 9, 2022]
2.3.0 Findings of the telephonic reports received quarterly throughout 2023 from the Community of Interest regarding the functioning of Patwarkhana (Office of the village-level accountant) in Kathera village
The Community of Interest telephonically reported the continued defunct Patwarkhana (Office of the village-level accountant) in village Kathera. The Community of Interest reported defunct state of the Patwarkhana during the months of March, June, September, and December 2023.
2.3.1 Findings of the Field Visit to Village Kathera on January 25, 2024
On January 25, 2024, Research Practitioner found the defunct Patwarkhana (Office of the village-level revenue accountant). The building was in dilapidated condition and the front portion was opened and filled with fried human excreta and filth. The land space between the Patwarkhana and Government School was dug out for the cooking trench. Moreover, the recently constructed toilet was in sight adjacent to the Patwarkhana. The building lacked any power connection. Inquiry with the Community of Interest also revealed that the building is defunct and no one from the revenue department arrives in the building. The photographic evidence is provided below:
Figure: 67 Source-Research Practitioner ©Project- C.R.S.P.M.S/SBFECS/01/2019-24 [Photograph of defunct Patwarkhana in village Kathera taken on January 25, 2024]
Figure: 68 Source-Research Practitioner ©Project- C.R.S.P.M.S/SBFECS/01/2019-24 [Photograph of the front portion of defunct Patwarkhana in village Kathera taken on January 25, 2024]
Figure: 69 Source-Research Practitioner ©Project- C.R.S.P.M.S/SBFECS/01/2019-24 [Photograph of the front portion of defunct Patwarkhana in village Kathera taken on January 25, 2024]
Figure: 70 Source-Research Practitioner ©Project- C.R.S.P.M.S/SBFECS/01/2019-24 [Photograph of the defunct Patwarkhana(Right-Side) and a cooking trench in village Kathera taken on January 25, 2024]
Figure: 71 Source-Research Practitioner ©Project- C.R.S.P.M.S/SBFECS/01/2019-24 [Photograph of the defunct Patwarkhana with a piece of hanging old electric wire left behind by the illegal occupant in village Kathera, taken on January 25, 2024]
2.3.2 Findings of the Final Field Visit to Village Kathera on May 15, 2024
During this visit, the Research Practitioner found that the building was locked and defunct and the community of interest confirmed the same. Consequently, it was evident that the official confirmation provided by the experimental subjects regarding the functioning of Patwarkhana on March 31, 2022, was false. Subsequently, the researcher shared detailed results, expressed gratitude to the community of interest for their participation in the project, and sought their consent to publish the research project spanning from February 2019 to May 2024. The photographic evidence collected during the visit is provided below:
Figure: 72 Source-Research Practitioner ©Project- C.R.S.P.M.S/SBFECS/01/2019-24 [Photograph of the defunct Patwarkhana (Middle white building) and the newly constructed toilet complex (left-side) taken on May 15, 2024]
Figure: 73 Source-Research Practitioner ©Project- C.R.S.P.M.S/SBFECS/01/2019-24 [Photograph of the defunct Patwarkhana with a piece of hanging old electric wire left behind by the illegal occupant in village Kathera, taken on May 15, 2024]
Figure: 74 Source-Research Practitioner ©Project- C.R.S.P.M.S/SBFECS/01/2019-24 [Photograph of the defunct Patwarkhana with a piece of hanging old electric wire left behind by the illegal occupant in village Kathera, taken on May 15, 2024]